Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1887-05-13
F0THERINGHAM SET AT liberty

Judge Normile Holds that He Has No Juris-
dietion Over the EXPIRES Messengers Case.
ST.. LOUIS, May 1G.-The trial of David
5 Fotheringham, charged with compiled
81 III the express robbery of Oct. 25, 1856,
closed suddenly this afternoon in the
criminal Court. The jury had been i'm
paneled and the case begun, with q pro-
mise of sensational developments. Wit
nesseS w=re sworn and testimony opened
James b. Barrett. roste agent of the
Adams Express Company, testified as TO
the obligatory nature of the rule requir-
ing messengers to honor his order when
ever presented by new men for admission
to express cars. Smith Z. Allison, clerk
for Superintendent Damsel. was the next
witness, and during his examination he
was asked about Oak Ridge and what oc-
CURED there. de replied: 1T was the
place where Fotheringham said the rob
berry occurred"
Where is Oak Ridgeg" INQUIRED
Judge Normile.
'ls is station out on the road WINS
the reply.
I'm what county,"
st. Louis County, just this side of
hlrkwood,' said Circuit Attorney Clover.
The Judge nodded emphatically, and
witness
cluded his Honor ordered tue Jury to
retire. He then demanded to know
whether the state had any evidence to
show that the crime had not been COM
menced at Oak Ridge and progressed TO
some point further west, and also whether
the state would claim that any of the
stolen property was carried into this city
by Fotheringham. Circuit Attorney
Glover said the had
that kind, but based the claim of the
jurisdiction on section 1896 of the re-
Vlsed statutes, which provides that any
otense committed on a steamboat or rail
road train may be tried in any county
through which such boat or trails passes.
The court thsn declared that section
under which Fotheringham was indicted
was unconstitutional, because it was in
connlct with provision of the state
constitution requiring criminal offenses
TO be tried IN the counties where they
are perpetrated. The court then declared
1t had no jurisdiction to try Fortherinc-
ham, and Judge Normile read to the Jury.
verdict prepared by himself, and in
structed them to retire and return it
signed, which they did. This extraordi-
nary verdict read as follows:
State of Missouri VS.. Fotheringham.
defendant; We, the jury in the above
entitled cause, under an instruction of
the court, find the defendant not guilty.
because of a variance between the intlict-
ment and the testimony on the fact of
venue of the offense
HENRY MARX, Foreman.
Charles p. Johnson, for Fotheringham,
objected to the form of the verdict, hold
ing 1t should have been merely a verdict
of mot guilty" He said he had never
heard of such verdict being rendered in
all his experience. The Court remarked that
his experience had been different from
that of Mr.. johnson. Fotheringham was
then discharged, and the Prosecuting At
torney of st. Louis County will be notified
Public sentiment is with the the Judge,
believing that the lurid opening of the
states case was made to affect the suit of
Fotheringham against the express comp.
any for false imprisonment The testi-
mony, as far as it had proceeded, was all
in favor of the ex messenger.